A Real Lawsuit

If you are treated unfair in China, lawsuit is always not the best way to handle it, law practicing in China just run for decades, especially for civil law, even less for accumulating the samples, also law system in China is not a case law system, which means you can barely use precedent ruling for reference.

Law terms are strict, stiff, so I just depict the story with my own understanding, so bear with me for inaccuracy. But, this is a true story based on the the dictation from my close friend.

This is a about a house property dispute because of the rapid rising price reality . The party A is my friends, Party B is my friend’s friend. so in general, they know each other.

Brief case detail:

For some historical reason, Party B lived in a house (technically an apartment)which is owned by Party A for more than 10 years, and Party A want to negotiate with Party B to move out, because Party A want to sell the house for money. Long story shot, Party B refuse to do that, and ask for half million to make compensation even Party A offer more than ten thousands to have party B rent a new apartment for temporary use , so lawsuit is inevitable.

As party A got enough judicial prove or evidence for the ownership of the house, the court rule the case easily, Party A won the case, but Party B appealed, then Party B loss again. All these judicial process took more than 1 years to go through, usually, thing should be settle down now, but still Party B refuse to move out, so Party A demand court to force Party B out, as a matter of fact, there are too many ruled case which can not be implemented on time, so the application for enforcement is queued in the court, 2 or 3 years waiting is common.

To make it happened quickly, Party A bribe the judge with some money to push forward the enforcement. I am not kidding here, this is how thing work in China which you may consider this behavior is a felon in other country. Actually, we think the judge or official is good one only if they help you indeed when they have your money. yet unfortunately, this judge didn’t help much, as well as not returning the money.

So two years passed since party A won the case, finally, Party A sought the help from rogue who are professional for debt collection from deadbeat, in practice the police would not interfere with the argument between rogue and their target, only if they don’t get physical, so the rogue went to the house to live with party B family, you know what, it only took one week that party B move out from the house, the cost for this kind of ‘operation’ is 50000 RMB ($7500) .

This is a true, but ironic story, we still have a long road ahead us for the law practicing, especially for civl law practicing, actually I have no tips for civil lawsuit in China except don’t go that route only if you have to , and we all don’t like lawyer and judge by natural.

Notes: Featured image is from pixbay under free commercial use license

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